Broward Aims At Gun Shows

Broward County officials had not even passed an ordinance to crack down on firearms sales at gun shows before they started bracing for gun sellers to find a way around the new law.

Taking advantage of a state constitutional amendment approved overwhelmingly by Florida voters last month, the Broward County Commission on Tuesday approved a new ordinance requiring a five-day wait for all firearms purchases.

The new law also requires gun sellers to do a criminal background check on buyers.

The law's target: gun shows, typically weekend bazaars in auditoriums and similar sites where guns can legally be sold in some cases without background checks or waiting periods. Some law enforcement authorities say criminals frequent gun shows to avoid background checks required at retail stores.

Even with that gun-show loophole plugged, Broward County commissioners said they had heard that gun sellers were seeking ways to exploit the language of the new ordinance.

It says the five-day waiting period and the criminal background checks are required if a gun sale occurs ``on property to which the public has the right of access.'' The law says that includes retail stores, gun shows and flea markets.

``If someone wanted to be entrepreneurial and wanted to sell guns, they could go to someone else's house _ kind of like Tupperware,'' said County Commissioner John Rodstrom.

``Like gun parties?'' asked Commission Chairwoman Irene Lieberman.

``Yes, gun parties,'' Rodstrom said.

Broward's passage of the law follows similar actions in recent weeks in Palm Beach, Miami-Dade and Orange counties. The constitutional amendment gives each county the option of adopting such an ordinance.

Commissioners asked Deputy County Attorney Larry Lymas-Johnson whether the new ordinance would prevent such private gun sales. He said it would not.

Opponents of gun regulations said the new ordinance would have little effect. They said the majority of firearms sales, even at gun shows, already are made by licensed dealers.

Those dealers must telephone the Florida Department of Law Enforcement with a buyer's name, date of birth and other identifying information. The FDLE generally can provide a background check in two to three minutes, said Liz Hirst, an agency spokeswoman.

Licensed dealers are already bound by law to wait three working days before turning a gun over to the buyer.

The loophole came into play when a person who was not a licensed gun dealer attended a gun show. Such a person, not bound by the old law, could sell firearms without any paperwork, background check or waiting period.

That all ended earlier this year when Florida's Constitution Revision Commission put the proposed amendment on the ballot, said Charles W. Parrott III of Fort Lauderdale, who sells holsters at gun shows.

``Most gun shows have already adopted it, because they saw the writing on the wall,'' Parrott said.

He and other gun proponents told the County Commission that private sales among gun enthusiasts will continue.

``I live in a free country. We have the American flag flying there,'' said Frank Kozlowski of Boynton Beach, referring to a flag behind the commission's dais. ``We have the right to sell our own property. . . . We do not need any further legislation.''

The law requires gun sellers to perform the checks, but does not spell out how that will work at gun shows. Only licensed dealers can request background checks from FDLE. Nothing in the ordinance compels them to perform the checks for non-licensed sellers.

``A gun dealer will do it for you, but he'll charge you,'' said Parrott, the holster salesman. ``He's a businessman. He's there to make money.''

After the check, a private citizen selling a gun is supposed to wait five days before handing over the firearm.

Hirst, the FDLE spokeswoman, said the current system requiring background checks and a three-day waiting period has stopped 1,900 convicted felons from purchasing firearms in Florida since it went into effect in 1991.

``There are cases where convicted criminals _ fugitives, even _ are walking in and trying to buy guns,'' she said.

Lieberman, the Broward commission chairwoman, said that the main value of the new ordinance will be extending the waiting period from three to five days.

``The majority of situations where there is violence and a gun is involved occur between two people who know each other,'' Lieberman said. ``What this ordinance provides is a little more time for cool heads to prevail.''